Journal Article

Universal Jurisdiction of Spanish Courts over Genocide in Tibet: Can it Work?

Christine A.E. Bakker

in Journal of International Criminal Justice

Volume 4, issue 3, pages 595-601
Published in print July 2006 | ISSN: 1478-1387
Published online July 2006 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mql021
Universal Jurisdiction of Spanish Courts over Genocide in Tibet: Can it Work?

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The Audiencia Nacional has authorized investigations into acts of genocide committed in Tibet, based on complaints against the former President and the former Prime Minister of China. The decision is based on and implements the latest interpretation of the notion of universal jurisdiction by the Spanish Constitutional Court, which does not require any direct link between the crimes, or their alleged authors or victims with Spain. Given the ban in Spain on trials in absentia, the institution of criminal proceedings in this case will not lead to any conviction. Moreover, with this decision, the political viability of universal jurisdiction is, once again, put to the test. Nevertheless, criminal prosecution of alleged genocide in Tibet might reinforce the emerging state practice accepting the exercise of universal jurisdiction over the most heinous crimes.

Journal Article.  3066 words. 

Subjects: Criminal Law ; International Law

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